"certification standards" means the standards the council
establishes under section 13 (d) [powers and duties of council] that are effective under section 14 (3) or
(4) [ratification of council rules, standards and decisions] or a
standard that is effective under section 15 (4) [minister's orders];

"citation" means a citation issued by the commissioner under
section
56 [citation];

"commissioner" means the commissioner appointed under
section 2
(1) [appointment of commissioner] or designated under section 2
(5);

"council" means the British Columbia Teachers' Council
established under section 9 [British Columbia Teachers'
Council];

"director of certification" means the director of
certification appointed under section 6 [appointment of director of certification];

"independent school" means an independent school as defined
in section
1 [definitions] of the Independent School Act;

"independent school authority" means

(a) a society as defined in section 1 [definitions] of the Societies Act,

(e) a child participating in a kindergarten to grade 12 program of studies
provided by a treaty first nation under its own laws;

"zone" means a zone established by regulation by the minister
under section
19 [zones].

Part 2 — Commissioner and Director of Certification

Appointment of commissioner

2(1) On the recommendation of the minister, the Lieutenant Governor in Council may
appoint, under the Public Service Act, a commissioner.

(2) The term of office of the commissioner is up to 5 years and a commissioner may
be reappointed.

(3) Subject to subsection (4), before making the recommendation under
subsection
(1), the minister must consult with the council.

(4) The minister may make a recommendation under subsection (1) without consulting
with the council with respect to the initial commissioner appointed after this section
comes into force.

(5) If the office of the commissioner is vacant or the commissioner is temporarily
absent because of illness or another reason, the minister may designate, without
consulting with the council, an acting commissioner to exercise the powers and perform
the duties of the commissioner until whichever of the following is the case and occurs
first:

(a) a person is appointed under subsection (1);

(b) the commissioner returns to office after the temporary absence.

(6) The commissioner has the powers conferred and the duties imposed on the
commissioner by this Act and the regulations.

Commissioner's power to delegate

3(1) Subject to subsection (2) and the regulations, the commissioner
may delegate to one or more employees of the ministry the commissioner's powers or
duties under this Act.

(2) The delegation of the powers or duties of the commissioner must be in writing
and may include any terms or conditions the commissioner considers advisable.

Recommendations about standards

4The commissioner may provide recommendations to

(a) the council in respect of the certification standards, and

(b) the independent school teaching certificate standards committee in respect of
the independent school teaching certificate standards.

Annual commissioner report

5(1) The commissioner must annually report to the minister, by a date specified by
the minister, on the following:

(a) the activities of the commissioner;

(b) the activities of panels;

(c) other matters

(i) on which the commissioner considers he or she should report, or

(ii) that the minister has directed be included in the annual report.

(2) When providing the annual report to the minister under subsection
(1), the commissioner must also provide a copy of the annual report to the
chair of the council and to the board members.

(3) The minister, within 45 days of receiving a report under subsection
(1), must make public the report.

Appointment of director of certification

(2) The director of certification has the powers conferred and the duties imposed on
the director of certification by this Act and the regulations.

Director of certification's power to delegate

7(1) Subject to subsection (2) and the regulations, the director of
certification may delegate to one or more employees of the ministry any of the
director's powers or duties under this Act.

(2) The delegation of the powers or duties of the director of certification must be
in writing and may include any terms or conditions the director of certification
considers advisable.

Staff of commissioner and director of certification

8The staff of the commissioner and of the director of certification are employees
of the ministry.

Part 3 — British Columbia Teachers' Council and Disciplinary and Professional Conduct
Board

Division 1 — British Columbia Teachers' Council

British Columbia Teachers' Council

9(1) The British Columbia Teachers' Council is established, consisting of the
following persons:

(a) 3 certificate holders, nominated by the British Columbia Teachers'
Federation in accordance with the regulations, who are appointed by the
minister;

(b) 5 persons elected in the zones in accordance with Division
2 [Elections of Council Members] of this Part;

(c) subject to subsection (6), 7 persons appointed by the
minister in accordance with the regulations;

(d) one person appointed by the minister.

(2) In making the initial appointments after this section comes into force, the
minister must appoint,

(a) under subsection (1) (a), one council member for a term
of one year, one council member for a term of 2 years and one council member for a
term of 3 years, and

(b) under subsection (1) (c), 2 council members for a term
of one year, 3 council members for a term of 2 years and 2 council members for a
term of 3 years.

(3) Subject to subsection (4), after the initial appointments under subsection
(2), the term of office of a council member appointed under subsection (1)
(a) or (c) is 3 years.

(4) The minister may appoint a council member to a term of office other than 3
years but no more than 5 years if the council member is appointed to fill a
vacancy.

(5) If the British Columbia Teachers' Federation fails to nominate one or more
persons under subsection (1) (a), the minister may appoint, as required, the number of
persons not nominated who are certificate holders.

(6) In making an appointment under subsection (1) (c), the
minister must

(a) consult with prescribed persons or prescribed organizations, in accordance
with the regulations, before making the appointments, and

(b) appoint at least one person with substantial knowledge of and experience in
the independent school system.

(7) The person appointed by the minister under subsection (1) (d)

(a) is a non-voting council member, and

(b) must report to the minister on the activities of the council.

(8) Subject to section 14 [ratification of council rules, standards and decisions], the council
may make rules governing its practices and procedures, including the conduct of
council meetings.

(9) A majority of council members must elect a chair from among the council
members, and may elect a new chair from among the council members at any
time.

(10) The minister may provide for remuneration of council members and for payment
of expenses to council members.

Objects of council and responsibilities of council
members

10(1) The objects of the council are as follows:

(a) to establish standards for the education of applicants for certificates of
qualification;

(b) to establish standards for the conduct and competence of applicants for
certificates of qualification and certificate holders.

(2) In carrying out its objects, the council must exercise its powers and perform
its duties under this Act in the public interest.

(3) A council member must act

(a) in good faith, and

(b) in a manner that puts the public interest ahead of the interest of any
organization with which the council member may be affiliated.

(4) A council member must not act on behalf of an authorized person in respect of
a complaint, a report, an investigation, a consent resolution process or a hearing
under Part
6 [Disciplinary and Professional Conduct Inquiries and Certification
Appeals] or on behalf of an appellant in respect of a certification appeal
under Part
6.

Oath of office

11(1) Before taking office, a person appointed or elected to the council, other than
the person appointed under section 9 (1) (d), must take and sign, by oath or
solemn affirmation, a prescribed oath of office within the following applicable time
limit:

(a) in the case of a person elected by acclamation, within 45 days after the
date set for voting day had an election by voting been required in respect of this
person;

(b) in the case of a person elected by voting, within 45 days after the
declaration of the results of the election;

(c) in the case of a person appointed to office, within 45 days after the
effective date of the appointment.

(2) A person must take the oath before a justice of the peace, the secretary
treasurer of a board of education or the director of certification and must obtain the
completed oath or a certificate of it from the person before whom the oath was
taken.

(3) A person appointed or elected to the council must present the completed oath
required by subsection (1) or a certificate of it to the director of certification
within the applicable time limit under subsection (1) (a), (b) or (c)
and before the person takes office on the council.

(4) If a person appointed or elected to the council does not take and sign the
oath required by subsection (1) or does not comply with subsection
(3) within the time limits set by those subsections, the office to which
that person was appointed or elected is vacant and the minister may appoint a person
to fill the vacancy.

(5) After reasonable notice to a council member, the council, by resolution passed
by the vote of at least 2/3 of the other council members voting on the resolution, may
remove from council a council member elected under section 9 (1) (b) if the
council is satisfied that the person has contravened a term of the oath required by
subsection (1) of this section.

(6) The minister may terminate the appointment of a council member appointed under
section 9 (1) (a) or (c) or (4) if the minister is satisfied that the person has
contravened a term of the oath required by subsection (1) of this section.

(7) If a person is removed from the council under subsection (5) of this
section, the person ceases to be

(a) a council member,

(b) a board member, if appointed as a board member under section
26 [disciplinary and professional conduct board], and

(c) a panel member, if sitting on a panel,

and section 23 [by-elections] applies.

(8) If the appointment of a person is terminated under subsection
(6) of this section, the person ceases to be

(a) a council member,

(b) a board member, if appointed as a board member under section
26, and

(c) a panel member, if sitting on a panel,

and the minister may appoint a person under section 9 (1) (a) or (c), as
applicable, to fill the vacancy.

Council meetings

12(1) The council must hold a meeting at least once in each year.

(2) Council meetings must be open to the public.

(3) Despite subsection (2) of this section and subject to the regulations, the
council may direct that the public is excluded from all or part of a council meeting,
but the council member appointed under section 9 (1) (d) [British Columbia Teachers' Council] may report to the minister on all
council meetings.

Powers and duties of council

13The council has the following powers and duties:

(a) to establish teacher education program approval standards for determining if
the teacher education program of any faculty of teacher education or school of teacher
education satisfies the academic standards for a graduate of that program to be issued
a certificate of qualification;

(b) to determine if a teacher education program meets the teacher education
program approval standards;

(c) to cooperate with a faculty of teacher education or school of teacher
education in the design and evaluation of teacher education programs;

(d) to establish the standards that a person must meet in order to be issued and
to maintain a certificate of qualification, including

(i) standards with respect to the training and qualifications of applicants for
a certificate of qualification and persons holding a certificate of qualification,
including, but not limited to, professional, academic and specialist
standards,

(ii) competence standards, and

(iii) conduct standards;

(e) to classify certificates of qualification into one or more types, including
requiring that different certification standards be met for different types of
certificates of qualification;

(f) to prepare and submit annual reports under section 16 and other reports
under section
17 [additional council reports].

Ratification of council rules, standards and
decisions

14(1) The chair of the council must submit to the minister a copy of

(a) each rule, made by the council under section 9 (8) [British Columbia Teachers' Council], governing its practices and
procedures,

(b) each standard established under section 13 (a) or (d), and

(c) each decision, made under section 13 (e), in respect
of classifying certificates of qualification,

within 10 days after the rule or decision was made or the standard was
established.

(2) The minister may disallow a rule, standard or decision within 60 days after
its submission under subsection (1).

(3) Subject to subsection (4) of this section and to section 15, a rule, standard
or decision becomes effective 60 days after its submission under subsection (1) unless
the minister disallows the rule, standard or decision under subsection (2).

(4) If the minister notifies the council, before the end of the 60-day period
described in subsection (3), that the minister will not disallow a rule, standard or
decision under subsection (2), the rule, standard or decision
becomes effective on the date of the notification.

Minister's orders

15(1) In this section:

"NWPTA" means the New West Partnership Trade Agreement
entered into by the governments of British Columbia, Alberta and Saskatchewan on April
30, 2010 and includes amendments to the agreement;

"TILMA" means the Trade, Investment and Labour Mobility
Agreement entered into by the governments of British Columbia and Alberta on April 28,
2006 and includes amendments to the agreement.

(2) The minister, in respect of a standard established under section 13 (d) and
submitted to the minister under section 14 (1) (b), may request the council to amend
the standard submitted to the minister or to establish a new standard if the minister
considers this is necessary or advisable to ensure that the certification standards
comply with the NWPTA and TILMA.

(3) If the council does not comply with a request under subsection
(2) within 60 days after the date of the request, the minister, by order,
despite anything in this Act, may amend the standard or establish a new standard in
accordance with that request.

(4) An amended standard or a newly established standard under subsection
(3) becomes effective on the date of the minister's order or on a date
specified in the minister's order.

Annual council report

16(1) The council must annually report to the minister, by a date specified by the
minister, on the activities of the council during the year and on other
matters

(a) on which the council considers it should report, or

(b) that the minister has directed be included in the annual report.

(2) The minister, within 45 days of receiving a report under subsection
(1), must make public the report.

Additional council reports

17(1) The council must report to the minister, by a date specified by the minister,
on any matter related to the objects, powers and duties of the council as directed by
the minister.

(2) The minister, within 45 days of receiving a report under subsection
(1), must make public the report.

Division 2 — Elections of Council Members

Administration of elections of council members

18The minister must administer the election of council members in accordance with
this Division and the regulations.

Zones

19(1) The minister, by regulation, must establish 5 zones in British
Columbia.

(2) One certificate holder must be elected in each zone.

Candidates

20A certificate holder is not eligible to be a candidate for election to the
council in a zone unless

(a) the certificate holder is a practising teacher,

(b) the certificate holder's principal residence is in that zone,

(c) the certificate holder, if elected, would be an elected member of the council
for less than 7 years at the end of the term of office for which the election is being
held,

(d) the certificate holder's nomination in writing is proposed by 10 certificate
holders each having his or her principal residence in that zone, and

(e) written consent of the certificate holder for the nomination has been filed
with the minister by the prescribed date of the year in which the election is to take
place.

No opposing nomination

21If in a zone there is only a single candidate nominated, the minister must
declare that the candidate is elected as the council member in the zone.

Elections

22(1) The minister, by regulation, must set the date of the first election after
this section comes into force.

(2) The minister must hold an election on a prescribed date in every third year
after the date set under subsection (1).

(3) At an election of a certificate holder in a zone, the vote must be by secret
ballot of the certificate holders who have their principal residence in the
zone.

By-elections

23(1) If an elected council member ceases to hold office before the member has
served 30 months of his or her term, the minister must promptly hold an election to
choose a successor.

(2) This Division and the regulations apply to an election held under subsection
(1) of this section.

(3) If an elected council member ceases to hold office after the member has served
30 months or more of his or her term, the minister may appoint an eligible certificate
holder in the same zone to fill the vacancy.

(4) A council member elected under subsection (1) or appointed
under subsection (3) holds office for the remainder of the term of the member
whom he or she replaces.

Council members to be certificate holders

24If an elected council member ceases to be a certificate holder, the council
member ceases to hold office, and section 23 applies.

Failure to elect

25(1) In the case of failure at an election to elect in any zone the required
council member, the minister may appoint in the same zone a certificate holder to be a
council member.

(2) A council member appointed under subsection (1) holds office as
though he or she had been elected at an election.

Division 3 — Disciplinary and Professional Conduct Board

Disciplinary and Professional Conduct Board

26(1) The Disciplinary and Professional Conduct Board is established, consisting of
9 council members appointed by the minister in accordance with this
section.

(2) The minister must make the appointments under subsection (1) as
follows:

(a) 4 of the 9 board members must be council members appointed under section 9 (1)
(a) [British Columbia Teachers' Council] or elected under section 9 (1)
(b);

(b) 5 of the 9 board members must be council members appointed under section 9 (1)
(c).

(3) In making appointments under subsection (1), the minister
must appoint at least one person with substantial knowledge of and experience in the
independent school system.

(4) If a board member ceases to be a council member, the board member ceases to
hold office as a board member.

Powers after resignation or expiry of term

27(1) If a board member resigns or his or her appointment expires, the commissioner
may authorize the person to continue to exercise powers as a panel member, if selected
to sit on a panel before the end of his or her term.

(2) An authorization under subsection (1) continues until a final decision is
made in the hearing in which the person is participating or until the commissioner
revokes the authorization.

Termination for cause

28(1) The minister may terminate the appointment of a board member for
cause.

(2) A board member whose appointment is terminated under subsection
(1) ceases to be a council member and to be a panel member if sitting on
a panel.

Panel member duties and remuneration

29(1) A panel member must faithfully, honestly and impartially perform his or her
duties as a panel member and, except in the proper performance of those duties, must
not disclose to any person any information obtained as a panel member.

(2) A panel member must participate in training or education programs as directed
by the commissioner.

(3) A panel member must act

(a) in good faith, and

(b) in a manner that puts the public interest ahead of the interest of any
organization with which the panel member may be affiliated.

(4) The minister may provide for remuneration of panel members and for payment of
expenses to panel members.

Part 4 — Certification and Letters of Permission

Division 1 — Certification

Issuance of certificate

30(1) Subject to subsections (2) and (3), the director of
certification may issue a certificate of qualification or an independent school
teaching certificate, as applicable, to an applicant who

(a) applies in writing in the form required by the director of
certification,

(b) pays the prescribed fees, and

(c) satisfies the director of certification of the following
requirements:

(i) the person meets

(A) the certification standards in respect of a certificate of
qualification, or

(B) the independent school teaching certificate standards in respect of an
independent school teaching certificate;

(ii) the person is of good moral character and is otherwise fit and proper to
be issued a certificate of qualification or an independent school teaching
certificate.

(2) The director of certification must consult with the inspector of independent
schools before issuing an independent school teaching certificate to an applicant
under subsection (1).

(3) The director of certification must not issue a certificate of qualification or
an independent school teaching certificate to a person

(a) if

(i) the person fails to authorize a criminal record check or a criminal record
check verification, as applicable, under the Criminal Records Review Act, or

(ii) the deputy registrar under that Act has determined the person presents a
risk of physical or sexual abuse to children or a risk of physical, sexual or
financial abuse to vulnerable adults and that determination has not been
overturned by the registrar under that Act, or

(b) who has not paid costs ordered under section 65 [power to award costs].

(4) The director of certification may impose a limitation or condition on a
certificate of qualification or an independent school teaching certificate

(a) in accordance with the certification standards,

(b) if a panel orders the director of certification to impose the limitation or
condition, or

(c) if the limitation or condition is a term of a consent resolution agreement
under section 53 [consent resolution agreement].

(5) The director must give the applicant written reasons for a decision

(a) to deny an applicant a certificate of qualification or an independent school
teaching certificate,

(b) to issue a type of certificate of qualification or independent school
teaching certificate other than the type for which the applicant applied,
or

(c) to impose a limitation or condition on a certificate of qualification or
independent school teaching certificate under subsection (4)
(a).

Review of certificate

31(1) If the director of certification receives information relating to the conduct
of a certificate holder that occurred prior to the issuance of a certificate of
qualification or an independent school teaching certificate to the certificate
holder

(a) that was not disclosed to the director of certification, or not before the
director of certification for any other reason, prior to the director issuing the
certificate of qualification or independent school teaching certificate,
and

(b) that the director considers could have affected the decision to issue that
certificate of qualification or independent school teaching certificate,

the director may review the information and rescind the certificate holder's
certificate of qualification or independent school teaching certificate if the
director determines that the certificate holder did not meet the requirements in
section
30 when the certificate of qualification or independent school teaching
certificate was issued to the certificate holder.

(2) Before deciding to rescind a certificate of qualification or an independent
school teaching certificate under subsection (1), the director of certification must
notify the certificate holder of the director's intention and the certificate
holder

(a) may provide written submissions, and

(b) must provide any submissions under paragraph (a) within 30 days
of the director's notification.

(3) The director of certification may rescind the certificate holder's certificate
of qualification or independent school teaching certificate after considering any
submissions provided by the certificate holder under subsection (2).

(4) If the director of certification rescinds a certificate of qualification or an
independent school teaching certificate under subsection (1), the director
of certification

(a) must provide written reasons to the certificate holder,

(b) notify each board of education and independent school authority of the
rescission, and

(c) record the fact of the rescission in the register of certificate
holders.

Reconsideration and appeal

32(1) An applicant for a certificate of qualification or an independent school
teaching certificate may request the director of certification to reconsider the
director of certification's decision in respect of any of the following:

(a) a denial to issue to the applicant a certificate of qualification or an
independent school teaching certificate under section 30;

(b) the issuance of a type of certificate of qualification or independent school
teaching certificate other than the type for which the applicant applied;

(c) the imposition of a limitation or condition on a certificate of
qualification or an independent school teaching certificate under section 30 (4)
(a).

(2) A certificate holder whose certificate of qualification or independent school
teaching certificate is rescinded under section 31 may request the
director of certification to reconsider the director of certification's decision to
rescind the certificate.

(3) The request under subsection (1) or (2) must

(a) be in writing in the form required by the director of
certification,

(b) include the prescribed fee, and

(c) subject to subsection (4) of this section, be delivered to
the director of certification within 30 days from,

(i) in the case of a reconsideration under subsection (1) (a) of this section,
the date of the decision under section 30 (5),

(ii) in the case of a reconsideration under subsection (1) (b) or (c)
of this section, the date the certificate of qualification or independent school
teaching certificate is issued, or

(iii) in the case of a reconsideration under subsection (2) of this section, the
date of the decision under section 31 (1).

(4) The director of certification may consider a request under subsection
(1) or (2) submitted to the director of certification
outside the required timeline if the director is satisfied that special circumstances
exist.

(5) When reconsidering a decision under section 30 or 31, the
director of certification may consider information that was not before the director at
the time of making the original decision.

(6) The director of certification may confirm, vary or reverse a decision under
section
30 or 31.

(7) The director of certification must provide the person who requested the
reconsideration written reasons for the reconsideration decision.

(8) An applicant for a certificate of qualification or an independent school
teaching certificate or a certificate holder whose certificate of qualification or
independent school teaching certificate is rescinded under section 31
may appeal a reconsideration decision by the director of certification to the
commissioner in writing within 30 days of the date of the reconsideration
decision.

Suspension or cancellation of certificate

33(1) The director of certification must suspend a certificate of qualification or
an independent school teaching certificate

(a) in accordance with section 37 (3) [annual practice fee],

(b) if the commissioner orders the director of certification to suspend the
certificate under section 50 [suspension of certificate or letter of permission before
hearing],

(c) if the commissioner notifies the director of certification that the
suspension is a term of a consent resolution agreement under section
53 [consent resolution agreement],

(d) if a panel orders the director of certification to suspend the certificate
under section 64 [consequences after hearing],

(e) if the certificate holder does not pay the costs ordered under section 65
(1) [power to award costs] by the date specified in the order,

(f) if the certificate holder does not authorize a criminal record check or a
criminal record check verification, as applicable, under the Criminal Records Review Act, or

(g) if the registrar under the Criminal Records Review Act has determined that the certificate holder does
not have a portable criminal record check because the certificate holder has never
undergone a criminal record check or the certificate holder underwent a criminal
record check more than 5 years before the date of the criminal record check
verification authorization.

(2) The director of certification must cancel a certificate of qualification or an
independent school teaching certificate

(a) in accordance with section 37 (4),

(b) if the commissioner notifies the director of certification that the
cancellation is a term of a consent resolution agreement under section
53,

(c) if a panel orders the director of certification to cancel the certificate
under section 64,

(d) 6 months after the date specified in an order made under section
65, if the certificate holder does not pay the costs ordered under that
section,

(e) 6 months after the date of suspension under subsection (1) (f) of this
section if the certificate holder does not authorize a criminal record check or a
criminal record check verification, as applicable, under the Criminal Records Review Act, within that 6-month period,

(f) 6 months after the date of suspension under subsection (1) (g) of this
section if the certificate holder does not authorize a criminal record check under
the Criminal Records Review Act, within that 6-month period,

(g) if the registrar under the Criminal Records Review Act has determined that the certificate holder does
not have a portable criminal record check because a criminal record check in respect
of the same individual carried out within 5 years of the criminal record check
verification authorization resulted in a determination that the certificate holder
presents a risk of physical or sexual abuse to children or a risk of physical,
sexual or financial abuse to vulnerable adults, or

(h) if the deputy registrar under the Criminal Records Review Act has determined that a certificate holder presents
a risk of physical or sexual abuse to children or a risk of physical, sexual or
financial abuse to vulnerable adults and that determination has not been overturned
by the registrar under that Act.

Notification of suspension or cancellation of
certificate

34If the director of certification suspends or cancels a certificate of
qualification or an independent school teaching certificate under section 33,
the director of certification must

(a) notify the certificate holder of the suspension or cancellation,

(b) notify each board of education and independent school authority of the
suspension or cancellation, and

(c) record the fact of the suspension or cancellation in the register of
certificate holders.

Division 2 — Letters of Permission

Issuance of letter of permission

35(1) Subject to subsections (2) and (3) and the regulations, the
director of certification may

(a) issue, on the payment of a prescribed fee, a letter of permission to a
suitable person who is not a certificate holder and whose services the director of
certification considers are required for a specified period of time, and

(b) place limitations or conditions on the letter of permission that the
director of certification considers appropriate.

(2) The director of certification must consult with the inspector of independent
schools before issuing a letter of permission to a person to teach in an independent
school.

(3) The director of certification must not issue a letter of permission to a
person

(a) if

(i) the person fails to authorize a criminal record check or a criminal record
check verification, as applicable, under the Criminal Records Review Act, or

(ii) the deputy registrar under that Act has determined the person presents a
risk of physical or sexual abuse to children or a risk of physical, sexual or
financial abuse to vulnerable adults and that determination has not been
overturned by the registrar under that Act, or

(b) who has not paid costs ordered under section 65 [power to award costs].

(4) That a person is issued a letter of permission under subsection
(1) does not make the person a certificate holder.

Suspension or cancellation of letter of permission

36(1) The director of certification must suspend a letter of permission

(a) if the commissioner orders the director of certification to suspend the
letter of permission under section 50 [suspension of certificate or letter of permission before
hearing],

(b) if the commissioner notifies the director of certification that the
suspension is a term of a consent resolution agreement under section
53 [consent resolution agreement],

(c) if a panel orders the director of certification to suspend a letter of
permission under section 64 [consequences after hearing], or

(d) if the person holding the letter of permission does not pay the costs
ordered under section 65 (1) [power to award costs] by the date specified in the order.

(2) The director of certification must cancel a letter of permission

(a) if the commissioner notifies the director of certification that the
cancellation is a term of a consent resolution agreement under section
53,

(b) if a panel orders the director of certification to cancel a letter of
permission under section 64, or

(c) 6 months after the date specified in an order made under section
65, if the person holding the letter of permission does not pay the
costs ordered under that section.

Part 5 — Responsibilities of Authorized Persons

Annual practice fee

37(1) A certificate holder must pay a prescribed annual practice fee on or before
May 31 each year unless the fee is remitted, in respect of the certificate holder,
by

(a) a board of education under section 168.2 [annual practice fee] of the School Act, or

(2) If a certificate holder is in default of paying the annual practice fee, the director of certification must give notice to the certificate holder that the annual
practice fee and a prescribed late fee are due and payable no later than June
30.

(3) If a certificate holder continues to be in default after June 30, the director
of certification must

(a) suspend the certificate holder's certificate of qualification effective July
1, and

(b) give notice to the certificate holder that the annual practice fee and an
additional prescribed late fee are due and payable no later than October
31.

(4) If a certificate holder continues to be in default after October 31, the
director of certification must cancel the certificate holder's certificate effective
November 1.

Duty to report professional misconduct

38(1) An authorized person must promptly provide to the commissioner a written and
signed report if the authorized person has reason to believe that another authorized
person has engaged in conduct that involves any of the following:

(a) physical harm to a student;

(b) sexual abuse or sexual exploitation of a student;

(c) significant emotional harm to a student.

(2)
Subsection (1) applies even if the information on which the belief is
based

(a) is privileged, except as a result of a solicitor-client relationship,
or

(b) is confidential and its disclosure is prohibited under another Act.

(4) No action for damages lies or may be brought against an authorized person for
reporting information under this section unless the authorized person knowingly reported
false information.

Part 6 — Disciplinary and Professional Conduct Inquiries and Certification
Appeals

Division 1 — General

Definitions

39In this Part:

"complaint" means a written complaint about the competency
or conduct of an authorized person, signed by the person making the
complaint;

"report" means the following:

(a) a report about an authorized person under section 16 [report of dismissal, suspension and discipline regarding authorized
persons] or 16.1 [report of dismissal, suspension and discipline
regarding superintendents] of the School Act;

(b) a report about an authorized person under section 7 [report of dismissal, suspension and discipline regarding authorized
persons] or 7.2 [report of dismissal, suspension and discipline
regarding principals] of the Independent School Act;

(c) a report about an authorized person under section 38 of this Act.

Commissioner's rules of practice and procedure

40The commissioner, in accordance with the regulations, may make rules respecting
practice and procedure in relation to any of the following:

(a) the just and timely resolution of a matter raised in a report or
complaint;

Final and binding decisions

42(1) Subject to subsection (2), decisions of the commissioner and of
a panel are final and binding.

(2) The commissioner, within 30 days of the date of a decision by the commissioner
or by a panel, may amend a final decision to

(a) correct a typographical, an arithmetical or another similar error in the
decision, and

(b) correct an obvious error or omission in the decision.

Former authorized persons and former members

43(1) In this section, "former member" means a person who was a
member of the College of Teachers under the Teaching Profession Act, R.S.B.C. 1996, c. 449.

(2) For the purposes of determining whether a former authorized person or a former
member has been guilty of professional misconduct or conduct unbecoming a teacher,
section
38 [duty to report professional misconduct] of this Act and this Part
apply to

(a) the former authorized person as if the former authorized person were a
certificate holder or a person holding a letter of permission, as applicable,
and

(b) the former member as if the former member were a certificate
holder.

Division 2 — Preliminary Reviews and Investigations

Preliminary review of report or complaint

44If the commissioner receives a report or complaint, the commissioner
must

(a) acknowledge receipt of the report or complaint, and

(b) conduct a preliminary review of the matters raised in the report or
complaint.

Decision not to take further action after preliminary
review

45(1) The commissioner may decide after a preliminary review not to take further
action in respect of one or more of the matters raised in a report or complaint if the
commissioner determines that any of the following apply:

(a) the matter is not within the jurisdiction of the commissioner or a
panel;

(b) the matter is frivolous, vexatious or trivial or gives rise to an abuse of
process;

(c) the report or complaint was made in bad faith or filed for an improper
purpose or motive;

(d) there is no reasonable prospect the report or complaint will result in an
adverse finding by a panel;

(e) it is not in the public interest to take further action in respect of the
matter;

(f) the matter has not been pursued in a timely manner.

(2) If the commissioner decides not to take further action, the commissioner must
provide written reasons to the following persons:

(a) the authorized person who is the subject of the report or
complaint;

(b) the person who sent the report or complaint to the commissioner.

(3) The commissioner, if the commissioner determines it to be in the public
interest, may make public a summary of the commissioner's decision not to take further
action under subsection (1), excluding all identifying information.

Deferral

46(1) The commissioner, after a preliminary review, may defer taking further action
in respect of one or more of the matters raised in a report or complaint if

(a) the matter is addressed in another process, and

(b) the commissioner determines that it is in the public interest that the other
process is concluded before taking further action.

(2) If the commissioner decides to defer taking further action until the
conclusion of another process, the commissioner must notify, in writing, all of the
following:

(a) the authorized person who is the subject of the report or
complaint;

(b) the person who sent the report or complaint to the commissioner;

(c) if the authorized person is employed by a board of education or an
independent school authority, the board of education or independent school
authority.

(3) The commissioner,

(a) at any time, may take further action in respect of a matter that the
commissioner deferred under this section, and

(b) at the conclusion of the other process, must decide, in respect of a matter
that the commissioner deferred under this section,

(i) to take no further action under section 45,

(ii) to initiate an investigation under section 47, unless the commissioner
decides that no investigation is required before making or accepting a proposal
for a consent resolution agreement under Division 3 [Consent Resolution] of this Part or before issuing a citation
under section 56 [citation],

(iii) to make or accept a proposal for a consent resolution agreement under
Division 3 of this Part, or

(iv) to issue a citation under section 56.

Investigation

47(1) The commissioner

(a) must investigate a report or complaint unless the commissioner

(i) decides not to take further action under section 45, or

(ii) decides that no investigation is required before making or accepting a
proposal for a consent resolution agreement under Division 3 [Consent Resolution] of this Part or before issuing a citation
under section 56 [citation], and

(b) may initiate, on the commissioner's own initiative if it is in the public
interest, an investigation into the competency or conduct of an authorized
person.

(2) The commissioner must notify, in writing, the following persons, as
applicable, of any investigation under subsection (1):

(a) the authorized person who is the subject of the investigation;

(b) the person who sent the report or complaint to the commissioner;

(c) if the authorized person is employed by a board of education or an
independent school authority, the board of education or independent school
authority.

(3) In an investigation under this section, the commissioner may consider any of
the following in respect of the authorized person who is the subject of the
investigation:

(a) previous decisions not to take further action after a preliminary review
under section 45;

Power to compel witnesses and require disclosure

48(1) At any time during an investigation under section 47, the commissioner
may require a person

(a) to give evidence, on oath or affirmation or in any other manner, that is
relevant to a matter being investigated, or

(b) to produce a document or other thing in the person's possession or control
that is relevant to a matter being investigated.

(2) The commissioner may apply to the court for an order directing a person to
comply with the commissioner's requirement under subsection (1).

Additional investigation powers

49For the purpose of an investigation under section 47, the commissioner may
do one or more of the following:

(a) enter the building of a public school or of an independent school or any other
building used in conjunction with the school or offices of the board of education or
independent school authority, or any part of them;

(b) inspect any record of a board of education or of an independent school
authority;

(c) interview

(i) any employee of a board of education or of an independent school
authority,

(ii) the authorized person who is the subject of the investigation,

(iii) the person who sent the report or complaint to the commissioner,
and

(iv) any other person the commissioner considers may have relevant
information.

Suspension of certificate or letter of permission before
hearing

50(1) At any time between the commissioner's receipt of a report or complaint or the
initiation of an investigation under section 47 (1) (b) [investigation] and the resolution under this Part of the report,
complaint or investigation, the commissioner may order the director of
certification

(a) to suspend the certificate of qualification or independent school teaching
certificate of the certificate holder who is the subject of the report, complaint or
investigation until the report, complaint or investigation is resolved under this
Part, or

(b) to suspend the letter of permission of a person who is the subject of the
report, complaint or investigation until the report, complaint or investigation is
resolved under this Part

if the commissioner considers there is a risk of

(c) physical harm to a student,

(d) sexual abuse or sexual exploitation of a student, or

(e) significant emotional harm to a student.

(2) The commissioner must deliver a notice of a suspension under subsection
(1) to the following, as applicable:

(a) the certificate holder whose certificate of qualification or independent
school teaching certificate is suspended;

(b) the person whose letter of permission is suspended;

(c) if the authorized person is employed by a board of education or an
independent school authority, the board of education or independent school
authority.

(3) The commissioner,

(a) on the commissioner's own initiative,

(b) on the written request of the certificate holder whose certificate of
qualification or independent school teaching certificate is suspended, or

(c) on the written request of a person whose letter of permission is
suspended,

may vary or rescind a suspension made under subsection (1).

(4) The commissioner must notify all of the persons listed in subsection
(2), as applicable, of any variation or rescission under subsection
(3).

Actions of commissioner

51After completing an investigation under section 47 [investigation], the commissioner must take one or more of the following
actions:

(a) in accordance with section 52, decide not to take further
action;

(b) in accordance with Division 3 [Consent Resolution] of this Part, make or accept a proposal for a
consent resolution agreement;

(c) in accordance with section 56 [citation], issue a citation.

Decision not to take further action after
investigation

52(1) The commissioner may decide not to take further action in respect of one or
more of the matters related to an investigation after the investigation is concluded
if the commissioner determines that any of the following apply:

(a) the matter is not within the jurisdiction of the commissioner or a
panel;

(b) the matter is frivolous, vexatious or trivial or gives rise to an abuse of
process;

(c) the report or complaint that led to the investigation was made in bad faith
or filed for an improper purpose or motive;

(d) there is no reasonable prospect that the report or complaint or a matter
relating to the investigation will result in an adverse finding by a
panel;

(e) it is not in the public interest to take further action in respect of the
matter;

(f) the matter has not been not pursued in a timely manner.

(2) If the commissioner decides not to take further action, the commissioner must
provide written reasons to the following, as applicable:

(a) the authorized person who is the subject of the investigation;

(b) the person who sent the report or complaint to the commissioner;

(c) if the authorized person is employed by a board of education or an
independent school authority, the board of education or independent school
authority.

(3) The commissioner, if the commissioner determines it to be in the public
interest, may make public a summary of the commissioner's decision not to take further
action under subsection (1), excluding all identifying information.

Division 3 — Consent Resolution

Consent resolution agreement

53(1) At any time between a preliminary review or the initiation of an investigation
under section
47 [investigation] and the resolution, at a hearing under Division 4 [Disciplinary and Professional Conduct Hearings] of this Part, of the
report, complaint or investigation, the commissioner may

(a) propose in writing to the authorized person who is the subject of the
report, complaint or investigation to enter into a consent resolution agreement,
or

(b) accept a proposal in writing from the authorized person who is the subject
of the report, complaint or investigation to enter into a consent resolution
agreement.

(2) In deciding whether to make or accept a proposal under subsection
(1), the commissioner may consider any of the following in respect of the
authorized person who is the subject of the report, complaint or
investigation:

(a) previous decisions not to take further action after a preliminary review
under section 45 [decisions not to take further action after preliminary
review];

(a) the terms set out in the proposal made by the commissioner, or the terms set
out in the proposal made by the authorized person if they are accepted by the
commissioner,

(b) one or more admissions by the authorized person in relation to one or more
of the matters raised in the report or complaint or related to the investigation,
and

(c) one or more of the consequences with respect to which a panel may make an
order under section 64 [consequences after hearing].

(4) A consent resolution agreement entered into under this section has the same
effect as an order made under section 64.

(5) After a consent resolution agreement is entered into under this section, no
further action may be taken under this section or section 56 [citation] with respect to the matters contained in the consent
resolution agreement, unless the authorized person does not comply with one or more of
the terms of the consent resolution agreement.

(6) If the commissioner and the authorized person who is the subject of the
preliminary review or investigation do not enter in a consent resolution agreement, a
panel must not consider the admissions made or any information provided in relation to
a proposal for a consent resolution agreement, apart from information collected in an
investigation separate from the proposal for a consent resolution agreement, in making
a finding under section 63 or an order under section
64.

(7) In a proceeding, other than a criminal proceeding, unless agreed to by the
commissioner and the authorized person who is the subject of the consent resolution, a
person must not disclose or be compelled to disclose a document or other record
created specifically for the purposes of entering into a consent resolution
agreement.

(8) The consent resolution agreement is not confidential unless the commissioner
gives a direction to the director of certification under section 54 (3) (a) or decides
not to make public the reasons under section 54 (3) (b).

(10) In the case of a complaint or report, the commissioner must provide a copy of
the consent resolution agreement to the person who sent the complaint or report to the
commissioner, unless the commissioner gives a direction to the director of
certification under section 54 (3) (a) or decides not to make public the
reasons under section 54 (3) (b).

Publication of consent resolution agreement

54(1) Subject to subsection (3), the director of certification must
make public a consent resolution agreement entered into under this
Division.

(2) The publication under subsection (1) may be made by posting a notice on a
publicly accessible website maintained by or on behalf of the ministry.

(3) If the commissioner considers that making public the consent resolution
agreement would cause significant hardship to a person who was harmed, abused or
exploited by the authorized person, the commissioner may

(a) direct the director of certification to make public a summary of the consent
resolution agreement, excluding all identifying information, or

(b) decide not to make public the consent resolution agreement.

Notification of suspension or cancellation in consent resolution
agreement

55If the certificate of qualification, independent school teaching certificate or
letter of permission of an authorized person is suspended or cancelled as a term of a
consent resolution agreement, the director of certification must notify the following of
the suspension or cancellation:

(a) each board of education and independent school authority;

(b) in the case of the certificate holder who is the subject of the consent
resolution agreement, record the fact in the register of certificate
holders.

Division 4 — Disciplinary and Professional Conduct Hearings

Citation

56(1) After

(a) a preliminary review under section 44 [preliminary review of report or complaint], the commissioner may
issue a citation to the authorized person who is the subject of the preliminary
review, and

(b) an investigation under section 47 [investigation], the commissioner must issue a citation to the
authorized person who is the subject of the investigation, unless the commissioner
decides not to take further action under section 52 [decision not to take further action after investigation] or to make
or accept a proposal for a consent resolution agreement under Division
3 [Consent Resolution] of this Part.

(2) A citation issued under subsection (1) must include

(a) a description of the matters to be considered by a panel, and

(b) a statement of the material facts on which the citation is based.

(3) If the commissioner issues a citation under subsection (1), the
commissioner

(a) must deliver a copy of the citation to the last known address of the
authorized person who is the subject of the citation,

(b) must notify, in the case of a report or complaint, the person who sent the
report or complaint to the commissioner,

(c) must establish a panel in accordance with section 57,

(d) must determine whether the hearing will be by way of an oral hearing or
written submissions and if the hearing

(i) is by way of an oral hearing, set the time and place of the hearing,
or

(ii) is by way of written submissions, set the timelines for submissions,
and

(e) may make any other orders, in accordance with the commissioner's rules of
practice and procedure, the commissioner considers necessary to facilitate the just
and timely resolution of one or more matters relating to the citation.

(4) The commissioner may amend a citation at any time before the conclusion of a
hearing if the commissioner receives new information relevant to the
citation.

(5) If the commissioner amends a citation under subsection (4), the
commissioner must

(a) issue the amended citation to the authorized person who is the subject of
the citation and set out the information described in subsection (1),
and

(b) in the case of a report or complaint, notify the person who sent the report
or complaint to the commissioner of the amended citation.

Establishment of panels for disciplinary and professional conduct
inquiries

57(1) The commissioner must establish a panel, consisting of 3 members, in respect
of a citation issued by the commissioner.

(2) If the citation that is referred to a panel is in relation to

(a) a certificate holder who holds a certificate of qualification or a person
who holds a letter of permission to teach in a public school, the commissioner must
select as a panel member one, and no more than one, board member who is a board
member appointed under section 26 (2) (a) [disciplinary and professional conduct board], unless no board member
appointed under section 26 (2) (a) is available, or

(b) a certificate holder who holds an independent school teaching certificate,
the commissioner must select at least one panel member with substantial knowledge of
and experience in the independent school system.

(3) Subject to subsection (2) and the regulations, the commissioner
may select to sit on a panel a person who is not a board member.

(4) A panel member selected under subsection (3) must take and
sign, by oath or affirmation, a prescribed oath before sitting as a panel member,
unless the panel member is a council member.

(5) The commissioner must

(a) designate a chair from among the panel members, and

(b) designate a new chair from among the panel members if the chair is unable
for any reason to complete the duties of chair.

Quorum of panel

58(1) A decision of the majority of the panel members is the decision of the
panel.

(2) If a panel member is unable for any reason to complete the panel member's
duties, the commissioner must take one of the following actions:

(a) give consent that the remaining members of that panel continue to hear and
determine the matter, and the vacancy does not invalidate the hearing;

(b) replace the panel member and that panel continues to hear and determine the
matter;

(c) remove the remaining panel members and establish a new panel under section
57 to hear and determine the matter.

(3) If the commissioner gives consent and the remaining panel members continue to
hear and determine the matter under subsection (2) (a), in the
case of a tie, the decision of the chair of the panel governs.

Conduct of hearings

59(1) A panel must conduct hearings in accordance with

(a) the commissioner's rules of practice and procedure, and

(b) any orders made by the commissioner under section 56 (3) [citation].

(2) If a panel considers it necessary and appropriate to facilitate the just and
timely resolution of one or more matters before the panel, that panel, despite
subsection
(1),

(a) may make determinations about the application of the commissioner's rules of
practice and procedure and may vary the rules, and

(b) may request the commissioner to schedule an oral hearing.

Power to compel witnesses and order disclosure

60(1) At any time before or during a hearing, a panel may make an order requiring a
person

(a) to attend a hearing to give evidence, on oath or affirmation or in any other
manner, that is relevant to a matter before the panel, or

(b) to produce for the panel a document or other thing in the person's
possession or control that is relevant to a matter before the panel.

(2) The commissioner may apply to the court for an order directing a person to
comply with an order made by a panel under subsection (1).

Hearings open to public

61(1) An oral hearing of a panel must be open to the public.

(2) Despite subsection (1) and subject to the regulations, a
panel may direct that the public is excluded from all or part of a hearing if the
panel considers that the desirability of avoiding disclosure in the interests of any
person affected or in the public interest outweighs the desirability of adhering to
the principle that hearings be open to the public.

Failure to attend

62If an authorized person who is the subject of a citation being heard by a panel
fails to attend the hearing, on proof that a copy of the citation was delivered to the
authorized person's last known address in accordance with section 56 (3) (a) [citation], the panel may proceed with the hearing and may take, without
further notice, any action it is authorized to take under this Act and make any order
that the panel could have made in the presence of the authorized person.

Findings after hearing

63(1) A panel, after a hearing, may make any of the following findings:

(a) dismiss the citation;

(b) determine that an authorized person has been or is guilty of professional
misconduct or conduct unbecoming a teacher;

(c) determine that an authorized person has been or is incompetent to carry out
the professional duties and responsibilities of a teacher;

(d) determine that an authorized person does not have the capacity to carry out
professional duties and responsibilities of a teacher because of a physical or
mental disability;

(e) make to the commissioner any other report respecting the citation that the
panel considers appropriate.

(2) In making a finding under subsection (1), the panel may consider any of the
following in respect of the authorized person who is the subject of the
hearing:

(a) previous decisions not to take further action after a preliminary review
under section 45 [decisions not to take further action after preliminary
review];

Consequences after hearing

64If a panel makes a finding under section 63 (1) (b), (c) or (d), the panel may
make an order setting out one or more of the following:

(a) a reprimand of the authorized person;

(b) a requirement for the director of certification to suspend the certificate of
qualification, independent school teaching certificate or letter of permission of the
authorized person for a fixed period;

(c) a requirement for the director of certification to suspend the certificate of
qualification, independent school teaching certificate or letter of permission of the
authorized person until the authorized person has fulfilled conditions imposed by the
panel;

(d) a requirement for the director of certification to suspend the certificate of
qualification, independent school teaching certificate or letter of permission of an
authorized person until the authorized person satisfies the director of certification
that the authorized person is able to carry out the professional duties and
responsibilities of an authorized person;

(e) a requirement for the director of certification to cancel the certificate of
qualification, independent school teaching certificate or letter of permission of the
authorized person;

(f) a requirement for the director of certification to suspend or cancel a
certificate of qualification, an independent school teaching certificate or a letter
of permission unless the authorized person has fulfilled conditions by a fixed date
imposed by the panel;

(g) a requirement for the director of certification not to issue a certificate of
qualification, an independent school teaching certificate or a letter of permission
for a fixed or indeterminate period;

(h) a requirement for the director of certification to place limitations and
conditions on the certificate of qualification, independent school teaching
certificate or letter of permission of the authorized person.

Power to award costs

65(1) The panel, in addition to any order under section 64, may make an order
requiring the authorized person to pay all or part of the costs of a hearing if the
panel considers the conduct of the authorized person to have been improper, vexatious,
frivolous or abusive during the hearing.

(2) An order under subsection (1), after filing in the court registry,
has the same effect as an order of the court for the recovery of a debt in the amount
stated in the order against the person named in it, and all proceedings may be taken
on it as if it were an order of the court.

Written reasons and publication of reasons

66(1) A panel must give written reasons for making one of the findings under
section 63 [findings after hearing] and for making an order under
section
64 to the following:

(a) the authorized person who is the subject of the citation;

(b) subject to subsection (5) of this section, in the case of a
report or complaint, the person who sent the report or complaint to the
commissioner;

(c) the director of certification.

(2) Subject to subsection (4), the director of certification must
make public the written reasons under subsection (1).

(3) The publication under subsection (2) may be made by posting a notice on a
publicly accessible website maintained by or on behalf of the ministry.

(4) If the panel that makes the finding under section 63 [findings after hearing] or the order under section 64
considers that making public the written reasons under subsection (1) would cause
significant hardship to a person who was harmed, abused or exploited by the authorized
person, the panel may

(a) direct the director of certification to make public a summary of the
reasons, excluding all identifying information, or

(b) decide not to make public the reasons.

(5) If the panel gives a direction to the director of certification under
subsection
(4) (a) or decides not to make public the reasons under subsection (4)
(b), the panel must not give written reasons to the person who sent the
report or complaint to the commissioner.

Notification of suspension or cancellation

67If an order is made to suspend or cancel a certificate of qualification, an
independent school teaching certificate or a letter of permission under section 64 [consequences after hearing], the director of certification
must

(a) notify each board of education and independent school authority,
and

(b) in the case of a certificate holder who is the subject of the citation, record
the fact in the register of certificate holders.

Division 5 — Certification Appeals

Definition

68In this Division, "appellant" means a person who files an
appeal under section 32 (8) [reconsideration and appeal].

Notice to director of certification

69The commissioner must notify the director of certification of a certification
appeal received by the commissioner.

Preliminary review of certification appeal

70If the commissioner receives a certification appeal, the commissioner
must

(a) acknowledge receipt of the certification appeal, and

(b) conduct a preliminary review of the certification appeal.

Summary dismissal

71(1) After completing a preliminary review, the commissioner may dismiss the
certification appeal if the commissioner determines that any of the following
apply:

(a) the appellant did not pay the prescribed certification appeal
fee;

(b) the appellant did not file the appeal within the timeline set out in
section
32 (8) [reconsideration and appeal];

(c) the matters raised in the certification appeal are not within the
jurisdiction of the commissioner or a panel;

(d) the certification appeal is frivolous, vexatious or trivial or gives rise to
an abuse of process;

(e) there is no reasonable prospect the certification appeal will be
successful.

(2) Before deciding to summarily dismiss the certification appeal, the
commissioner must notify the appellant of the commissioner's intention, and the
appellant

(a) may provide written submissions, and

(b) must provide any submissions under paragraph (a) within 30 days
of the commissioner's notification.

(3) The commissioner may dismiss the certification appeal after considering any
submissions provided by the appellant under subsection (2).

(4) If the commissioner dismisses the certification appeal, the commissioner must
provide written reasons to

(a) the appellant, and

(b) the director of certification.

Referral to hearing

72If the commissioner does not dismiss a certification appeal under section 71
after a preliminary review, the commissioner

(a) must refer the certification appeal to a panel for a hearing,

(b) must notify the appellant and the director of certification of the
referral,

(c) must establish a panel in accordance with section 73,

(d) must determine whether the hearing will be by way of an oral hearing or
written submissions and if the hearing

(i) is by way of an oral hearing, set the time and place of the hearing,
or

(ii) is by way of written submissions, set the timelines for submissions,
and

(e) may make any other orders, in accordance with the commissioner's rules of
practice and procedure, the commissioner considers necessary to facilitate the just
and timely resolution of the certification appeal.

Establishment of panels for certification appeals

73(1) The commissioner must establish a panel, consisting of 3 members, to hear a
certification appeal.

(2) If the appellant

(a) applied for a certificate of qualification, the commissioner must select as
a panel member one, and no more than one, board member who is a board member
appointed under section 26 (2) (a) [disciplinary and professional conduct board], unless no board member
appointed under section 26 (2) (a) is available, or

(b) applied for an independent school teaching certificate, the commissioner
must select as a panel member at least one board member with substantial knowledge
and experience in the independent school system.

(3) Subject to subsection (2) and the regulations, the commissioner
may select to sit on a panel a person who is not a board member.

(4) A panel member selected under subsection (3) must take and
sign, by oath or affirmation, a prescribed oath before sitting as a panel member,
unless the panel member is a council member.

(5) The commissioner must

(a) designate a chair from among the panel members, and

(b) designate a new chair from among the panel members if the chair is unable
for any reason to complete the duties of chair.

Quorum of panel

74(1) A decision of the majority of the panel members is the decision of the
panel.

(2) If a panel member is unable for any reason to complete the panel member's
duties, the commissioner must take one of the following actions:

(a) give consent that the remaining members of that panel continue to hear and
determine the matter, and the vacancy does not invalidate the hearing;

(b) replace the panel member and that panel continues to hear and determine the
matter;

(c) remove the remaining panel members and establish a new panel under section
73 to hear and determine the matter.

(3) If the commissioner gives consent and the remaining panel members continue to
hear and determine the matter under subsection (2) (a), in the
case of a tie, the decision of the chair of the panel governs.

Conduct of hearing

75(1) A panel must conduct hearings in accordance with

(a) the commissioner's rules of practice and procedure, and

(b) any orders made by the commissioner under section 72 (2) (e) [referral to hearing].

(2) If a panel considers it necessary and appropriate to facilitate the just and
timely resolution of one or more matters before the panel, that panel, despite
subsection
(1),

(a) may make determinations about the application of the commissioner's rules of
practice and procedure and may vary the rules, and

(b) may request the commissioner to schedule an oral hearing.

Certification appeal hearing

76(1) At a certification appeal hearing, a panel may do the following:

(a) determine whether or not the appellant meets the requirements in section
30 [issuance of certificate] to be issued a certificate of qualification
or an independent school teaching certificate;

(b) if the appellant meets the requirements in section 30, determine what
type of certificate of qualification or independent school teaching certificate the
director of certification must issue to the appellant.

(2) In making a determination under subsection (1), a panel must
not consider evidence that was not before the director of certification
unless

(a) the evidence was not before the director of certification even though the
appellant exercised due diligence to provide the director of certification all
relevant evidence for the reconsideration under section 32 [reconsideration and appeal], and

(b) the panel considers the evidence to be relevant and credible and, when taken
together with the other evidence before the panel, the evidence is likely to affect
the panel's determination.

(3) If the panel considers evidence under subsection (2), the director
of certification may provide additional evidence to the panel.

(4) If the panel determines that an appellant meets the requirements in section 30
to be issued a certificate of qualification or an independent school teaching
certificate, the panel may make an order requiring the director of certification to
issue to the appellant the type of certificate for which the appellant meets the
requirements.

Written reasons and publication of reasons

77(1) A panel must give to the appellant and the director of certification written
reasons for its decision under section 76.

(2) Subject to subsection (4), the director of certification must
make public the written reasons under subsection (1).

(3) The publication under subsection (2) may be made by posting a notice on a
publicly accessible website maintained by or on behalf of the ministry.

(4) If the panel that makes a determination under section 76 considers that
making public the written reasons under subsection (1) would cause significant and
undue hardship to any person, the panel may

(a) direct the director of certification to make public a summary of the
reasons, excluding all identifying information, or

(b) decide not to make public the reasons.

Part 7 — Register and Employers List

Certificate holder register

78The director of certification must maintain a register of all certificate
holders.

Online registry

79The director of certification must establish and maintain an online registry for
the purpose of providing the public the following information about each authorized
person:

(a) the authorized person's name;

(b) the current status of the authorized person's certificate of qualification,
independent school teaching certificate or letter of permission;

(c) a record of any suspension or cancellation of the authorized person's
certificate of qualification, independent school teaching certificate or letter of
permission;

(d) a record of a term of a consent resolution agreement under section 53 [consent resolution agreement] that is

(i) an admission of professional misconduct or conduct unbecoming a teacher or an
admission of incompetency to carry out professional duties and responsibilities,
or

(ii) a consequence with respect to which a panel may make an order under section 64 [consequences after hearing];

(e) a record of any findings under section 63 (1) (b) or (c) [findings after
hearing] and orders made under section 64.

Employers list

80(1) In this section:

"aboriginal educator" means any of the following:

(a) a first nation, as defined in section 1 [definitions and interpretation] of the School Act, that is operating an educational institution;

"prospective employer" means either of the following that is
considering becoming an employer of a certificate holder:

(a) a board of education;

(b) an independent school authority.

(2) On or before October 15 of each year, an employer must submit to the director of
certification information that identifies the certificate holders employed by the
employer during the 12-month period from July 1 in the previous year to June 30,
including information that identifies any certificate holders currently employed by that
employer, and the director of certification must maintain the information for at least
10 years.

(3) From the information submitted and maintained under subsection
(2), the director of certification must create and maintain a list that
identifies the employers of every certificate holder, and a prospective employer or an
aboriginal educator that is considering hiring a certificate holder may inspect the
list.

(4) A prospective employer or an aboriginal educator that inspects a list under
subsection
(3) must keep confidential the information obtained from the
list.

Part 8 — General

Power of minister to make regulations

81(1) The minister may make regulations for the purpose of carrying out any of the
minister's powers and duties under this Act and, without restriction, may make
regulations as follows:

(a) respecting the nominations under section 9 (1) (a) [British Columbia Teachers' Council], including prescribing the minimum
number of certificate holders the British Columbia Teachers' Federation must
nominate;

(b) respecting the appointment of the 7 council members under section 9 (1)
(c);

(c) respecting the consultation for the purposes of section 9 (6);

(d) prescribing persons or organizations for the purposes of section 9
(6);

(e) respecting council meetings for the purposes of section 12 [council meetings];

(f) respecting the administration and conduct of the election of council
members;

(g) establishing zones for the purposes of the election of council
members;

(h) prescribing a date for the purposes of section 20 [candidates];

(i) prescribing a date for the purposes of section 22 [elections];

(j) respecting the issuance, suspension and cancellation of letters of
permission;

(k) respecting the commissioner's rules of practice and procedure;

(l) respecting the selection by the commissioner of a person who is not a board
member to sit on a panel for the purposes of section 57 (3) [establishment of panels for disciplinary and professional conduct
inquiries] or 73 (3) [establishment of panels for certification
appeals];

(m) respecting hearings for the purposes of section 61 [hearings open to public];

(n) classifying independent school teaching certificates into one or more
types.

(2) In making a regulation under this Act, the minister may do one or more of the
following:

(a) delegate a matter to a person;

(b) confer a discretion on a person;

(c) make different regulations for different classes of persons, types of
certificates of qualification and types of independent school teaching certificates,
and for different letters of permission, activities, circumstances, matters or
things.

(3) Without limiting subsection (1), the minister may make regulations
respecting any matter for which regulations of the minister are contemplated by this
Act.

Additional ministerial powers

82The minister may use personal information, in the custody or under the control of
the ministry, about certificate holders to distribute information to certificate
holders.

Power of Lieutenant Governor in Council to make
regulations

83(1) The Lieutenant Governor in Council may make regulations referred to in
section 41 of the Interpretation Act.

(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows:

(a) respecting the power of the commissioner to delegate under section 3 [commissioner's power to delegate] and the power of the director of
certification to delegate under section 7 [director of certification's power to delegate];

(b) prescribing the oath of office for council members under section 11 [oath of office] and panel members appointed under section 57 [establishment of panels for disciplinary and professional conduct
inquiries] or section 73 [establishment of panels for certification appeals];

(c) prescribing fees that are to be paid under this Act and for any other service
provided under this Act, including different annual practice fees for certificates of
qualifications, independent school teaching certificates and different types of
certificates;

(d) varying the dates in section 37 [annual practice fee].

(3) In making a regulation under this Act, the Lieutenant Governor in Council may do
one or more of the following:

(a) delegate a matter to a person;

(b) confer a discretion on a person;

(c) make different regulations for different classes of persons, types of
certificates of qualification and types of independent school teaching certificates,
and for different letters of permissions, activities, circumstances, matters or
things.

(4) Without limiting subsection (1) or (2), the Lieutenant Governor in
Council may make regulations respecting any matter for which regulations of the
Lieutenant Governor in Council are contemplated by this Act.

(5) The Lieutenant Governor in Council may make regulations for transitional matters
with respect to any matter inadequately provided for or not provided for as a result of
the repeal of an Act by this Act and the enactment of this Act.

Fees and costs

84All fees and costs payable under this Act must be paid to the
government.

Teachers Act Special Account

85(1) In this section, "special account" means the special account,
as defined in section 1 [definitions] of the Financial Administration Act, established under subsection
(2) of this section.

(2) A special account, to be known as the Teachers
Act Special Account, is established.

(3) The following amounts are credited to the special account:

(a) money transferred to the government under section 87;

(b) proceeds realized on disposition of rights, property and assets that are
transferred to the government under section 87;

(c) fees, remittances and costs paid to the government under this Act and
remittances paid to the government under section 168.2 [annual practice fee] of the School Act and section 14.1 [annual practice fee] of the Independent School Act.

(4) Despite section 21 (3) [Supply Act appropriations] of the Financial Administration Act, the minister may make payments out of the
special account for any of the following purposes:

(a) costs and expenses incurred in connection with the administration of this
Act;

(b) debts, obligations and liabilities transferred to the government under
section
87.

Part 9 — Transitional Provisions, Repeal and Consequential Amendments

Division 1 — Transitional Provisions

Definitions

86In this Division:

"College of Teachers" means the College of Teachers
continued under the former Act;

"discipline committee" means the committee that was
appointed under section 28 (1) of the former Act and was in place
immediately before the coming into force of this section;

"former council" means the council of the College of
Teachers that was in place immediately before the coming into force of this
section;

"former council member" means a council member of the
former council immediately before the coming into force of this section;

"former committee member" means a member of any of the
following immediately before the coming into force of this section:

(a) the qualifications committee;

(b) the discipline committee;

(c) a subcommittee appointed under section 26 (1.1) or 28 (1.1) of the former
Act;

"qualifications committee" means the committee that was
appointed under section 26 (1) of the former Act and was in place
immediately before the coming into force of this section.

Transition — college

87(1) On the repeal of the former Act,

(a) the College of Teachers is dissolved,

(b) subject to sections 88 and 89 of this Act, the appointment of each former
council member and each former committee member is rescinded, and members of the
former council, whether appointed or elected, and of the qualifications committee,
the discipline committee and any subcommittee appointed under section 26
(1.1) or 28 (1.1) of the former Act cease to hold office,

(c) all of the rights, property and assets of the College of Teachers are
transferred to and vested in the government, and

(d) all of the debts, liabilities, and obligations of the College of Teachers
are transferred to and assumed by the government.

(2) The minister may dispose of any rights, property or assets that are
transferred to the government under subsection (1) (c).

(3) Subsection (1) (b) must not be construed as a breach of any contract,
agreement or order related to the election or appointment of a person as a member of
the former council, the discipline committee, the qualifications committee or any
subcommittee appointed under section 26 (1.1) or 28 (1.1) of the former Act, and
no legal proceeding for damages lies or may be commenced or maintained as a result of
a member of the former council, the discipline committee, the qualifications committee
or any subcommittee appointed under section 26 (1.1) or 28 (1.1) of the former Act
ceasing to hold office.

(4) On and after the date on which the former Act is repealed, a reference to the
council of the College of Teachers or to the College of Teachers in any commercial
paper, contract, lease, licence, permit or other instrument or document is deemed to
be a reference to the government.

Transition — discipline
inquiries

88(1) If, before the repeal of the former Act, the former council received a report
or complaint referred to in section 28 (4) of the former Act, and the former
council, the discipline committee or a subcommittee has started an inquiry under
section 28 or 29 of the former Act but has not taken any action under section 34 or 35
of the former Act, then

(a) subject to subsection (2) of this section, the former council
members or former committee members of the discipline committee or subcommittee are
deemed to be members of a panel under this Act, and

(b) the inquiry must be continued under this Act.

(2) If a panel member withdraws from an inquiry referred to in subsection
(1), the commissioner may do one of the following:

(a) if at least two panel members remain on the panel, authorize the remaining
panel members to hear the matter, and the vacancy does not invalidate the
inquiry;

(b) remove the remaining panel members hearing the matter and either

(i) appoint a panel under section 57 [establishment of panels for disciplinary and professional conduct
inquiries] of this Act to conduct a new inquiry under this Act,
or

(ii) in accordance with Division 3 [Consent Resolution] of Part 6 [Disciplinary and Professional Conduct Inquiries and Certification
Appeals] of this Act, make or accept a proposal for a consent resolution
agreement under section 53 [consent resolution agreement] of this Act.

(3) If, before the repeal of the former Act, a citation was issued under section 30
(1) of the former Act, and the former council, the discipline committee
or a subcommittee has not commenced a hearing under that section, the commissioner may
appoint a panel under section 57 of this Act with respect to that citation.

Transition — certification
inquiries

89(1) If, before the repeal of the former Act, the former council received an
application for a certificate of qualification, and the qualifications committee or a
subcommittee has started an inquiry with respect to the application under section 26
of the former Act but a decision with respect to the application has not been made,
then

(a) the applicant, within 30 days after the coming into force of this section,
may request that the application be forwarded to the director of certification for
determination under section 30 [issuance of certificate] of this Act, and

(b) if the applicant does not make a request under paragraph (a) of this
subsection, the inquiry must be continued under the former Act as if section 26 of
the former Act were still in force, and the results of the inquiry must be forwarded
to the director of certification, who, with respect to the application, must
exercise his or her powers under section 30 of this Act in accordance with those
results.

(2) If a former committee member withdraws from an inquiry referred to in
subsection
(1), the commissioner may do one of the following:

(a) if at least two former committee members remain on the qualifications
committee or subcommittee, authorize the remaining former committee members to hear
the matter, and the vacancy does not invalidate the inquiry;

(b) remove the remaining former committee members hearing the matter and forward
the application that was the subject of the inquiry to the director of certification
for determination under section 31 or 32 [reconsideration and appeal] of this Act, as applicable.

Transition — college bylaws

90(1) Bylaws respecting the matters referred to in section 23 (1) (d) of the former Act
that were in effect immediately before the coming into force of this Act remain in
effect until the council first establishes standards under section 13 (d)
[powers and duties of council] of this Act.

(2) Bylaws respecting the matters referred to in section 23 (1) (e) of the former Act
that were in effect immediately before the coming into force of this Act remain in
effect until the council first classifies certificates of qualification under section
13 (e) of this Act.

(3) Criteria established under the College of Teachers Bylaw 5.C.03 that were in
effect immediately before the coming into force of this Act remain in effect until the
council first establishes standards under section 13 (a) of this
Act.

(4) In the bylaws referred to in subsections (1) to (3), a
reference to an authority

(a) must be read as a reference to the director of certification, if the
reference is in relation to a matter that, under this Act, is within the authority
of the director of certification, and

(b) must be read as a reference to the council, if the reference is in relation
to a matter that, under this Act, is within the authority of the council.

Transition — certificates of
qualification

91(1) A certificate of qualification issued under the former Act that

(a) was valid and subsisting immediately before the coming into force of this
Act, and

(b) was not, immediately before the coming into force of this Act, subject to an
undertaking according to which the certificate holder agrees not to practise
teaching, other than an undertaking entered into because the holder of the
certificate is incompetent to carry out professional duties and responsibilities
because of a physical or mental disability,

is deemed to be a certificate of qualification issued under this Act, subject
to all limitations and conditions imposed under the former Act with respect to the
certificate.

(2) A certificate of qualification issued under the former Act is rescinded if the
certificate of qualification is not deemed under subsection (1) to be a
certificate of qualification issued under this Act.

(3) A certificate of qualification issued under the former Act is deemed to be
suspended by the director of certification under section 33 (1) (d) [suspension or cancellation of certificate] of this Act as a result of
an order issued under section 64 (d) [consequences after hearing] of this Act if the certificate of
qualification was, immediately before the coming into force of this Act, subject to an
undertaking according to which the certificate holder agrees not to practise teaching
because the certificate holder is incompetent to carry out professional duties and
responsibilities because of a physical or mental disability.

Transition — independent school teaching
certificates

92A certificate of qualification issued by the inspector under the Independent School Act or the School Support (Independent) Act, R.S.B.C. 1979, c. 378, that was valid and subsisting
immediately before the coming into force of this Act is deemed to be an independent
school teaching certificate issued under this Act.

Transition — letters of
permission

93A letter of permission issued under the former Act or Independent School Act that was valid and subsisting immediately before the coming
into force of this Act is deemed to be a letter of permission issued under this
Act.

94The independent school teacher certification committee in place immediately
before the coming into force of this Act is deemed to be the first independent school
teaching certificate standards committee constituted under section 5 (1) of the Independent School Act.

Transition — disciplinary matters under Independent School Act

95If, immediately before the coming into force of this Act, the inspector under
the Independent School Act is considering whether to make a suspension or revocation under section 5 (3) of that Act, the inspector may make the
suspension or revocation, and the suspension or revocation is deemed to be made by the
director of certification under section 33 or 36 of this Act, as applicable.

Transition — investigations under Independent School Act

96If, immediately before the coming into force of this Act, a person authorized by
the inspector under the Independent School Act has started an investigation under section 7.3 of that Act, the investigation may continue under that
Act and section 7.3
(3) of that Act, as it reads immediately after the coming into force of
this Act, applies.

Transition — teacher education
programs

97An approval of a teacher education program for certification purposes under the
former Act that is in place immediately before the coming into force of this Act is
deemed to be an approval under this Act of the teacher education program.

Transition — registrar

98(1) In this section, "former registrar" means the registrar
under the former Act immediately before the coming into force of this
section.

(2) On the coming into force of this section, the appointment of the former
registrar is rescinded and the former registrar ceases to hold office.

(3) The minister may appoint a registrar who has all the powers, duties and
obligations of the registrar under the former Act until its repeal.

(4) For greater certainty, the registrar appointed under subsection
(3) is not an officer or employee of the College of Teachers.

(5) Despite anything in the former Act, the minister may direct the registrar
appointed under subsection (3) respecting the exercise of the
registrar's powers or the carrying out of the registrar's duties or obligations under
the former Act, and if there is an inconsistency between a direction of the minister
under this subsection and a direction of the former council to the registrar under the
former Act, the direction of the minister prevails to the extent of the
inconsistency.

(6) The registrar appointed under subsection (3) must report to
the minister on matters related to the exercise of the registrar's powers and the
carrying out of the registrar's duties and obligations under the former
Act.